Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Bail application no.627/2023
FIR No. 404/2022
PS Sarojini Nagar
u/s 393/34 IPC
State v. Rashid @ Yusuf @ Kaku
11.04.2023
Present : Sh. Dharam Chand, Ld. Addl. PP for State.
Sh. Akash Dhawan, Ld. Counsel for accused.
This is second regular bail application before disposed.
It is submitted by the counsel for the accused the charge-
sheet in the matter has already been filed and accused is no more
required in the investigation. It is stated that accused has been falsely
implicated in the present case, whereas accused had already been
arrested in another case FIR No. 25/12 PS Crime Branch for offence
U/s 25 Arms Act and thereafter, implicated in present case as well as
in another FIR no. 941/22 of PS Paschim Vihar West. It is stated that
name of the accused was neither in the FIR or complaint and accused
has been implicated once he was arrested in FIR no. 25/12.
As per the facts mentioned in the reply filed by IO SI
Naveen Kumar of PS Sarojini Nagar that present case was registered
on the statement of one Akash Upadhyay, Security Guard of Canara
Bank ATM in Aradhan Enclave, New Delhi. Complainant has stated in
his complaint dated 05.10.2022 that on the last night when he was on
duty at above said ATM, at about 4.30 am four persons came in a car
and tried to robe the Canera Bank ATM, when security alarm of the
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ATM Booth starting buzzing loudly, those four persons stated to have
run away from there. It is stated that during the investigation, from
CCTV footage from ATM Booth and on surrounding cameras
preserved it was noticed that one white colour car came out of which
four persons came and entered in the ATM Booth with weapons for
robbery. Two persons were near the car whereas other went into the
ATM Booth. It is stated that as per CCTV footage the
accused/applicant was in ATM and complainant/ security guard was
over powered and kept inside the car by the accused persons and
thereafter they tried to rob the ATM. It is stated that the face of the
accused/applicant is very much visible in the CCTV Footage.
Accused/applicant did not participate in the TIP, however, later during
the investigation he has been identified by the complainant.
It is submitted by Ld. Counsel for PP for the State that
even after filing of the charge-sheet the bail application of the
applicant/accused has been dismissed on merits by the Court of
Sh. D.K. Jangala, Ld. ASJ, Duty Roster Judge. He submits that no new
ground has been pointed out. It is further argued that it is not the case
where accused has been implicated only by the name rather accused
has been identified by the CCTV footage as well as by the
complainant.
Having considered the submissions, first of all in the facts
and circumstances, I found that once the bail application of the
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accused has been recently dismissed vide order dated 21.02.2023 and
in the absence of any new ground, present application does not lie
because the said bail application has also been dismissed subsequent
to filing of chargesheet.
Be that as it may. Even if the grounds of bail raised in
present bail application, considered on merits, I find that it is not the
case where accused has been implicated merely on statement of co-
accused rather there is connecting evidence in the shape of CCTV
footage ATM Booth & adjoining places wherein accused has been
seen and identified.
Ld. Counsel for the accused though disputed the
photographs relied upon by the IO. However, it is a matter of record
that CD of entire CCTV footage of the ATM as well as other CCTV
footage of surrounding areas are part of judicial record wherein
accused is stated to be visible. Moreover, the accused himself did not
participate in the TIP. Moreover, co-accused Waseem in the matter still
absconding.
Above said facts coupled with the fact that accused has
been implicated in offences of similar nature, therefore, I find that no
case is made out at this stage. Hence the bail application is dismissed.
Copy of this order be given dasti.
(Shailender Malik)
Special Judge (NIA)
ASJ-03/PHC/ND/11.04.2023
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